DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370.510
0
WMP
Docket No. 2649-02
15 October 2002
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
ECORD OF
(a) 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the Navy, applied to this Board
requesting, in effect, that his discharge be upgraded.
2.
The Board, consisting of Messrs. Lippolis, Nicholson, and
Dunne, reviewed Petitioner's allegations of error and injustice
on 9 October 2002 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
available evidence of record.
Documentary material considered by
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
3.
to Petitioner's allegations of error and injustice, finds as
follows:
The Board, having reviewed all the facts of record pertaining
a.
Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b.
Although it appears that Petitioner's application to the
Board was not filed in a timely manner, it is in the interest of
justice to waiver the statute of limitations and review the
application on its merits.
C .
Petitioner enlisted in the Naval Reserve on 24
At that time, the records show that he had
February 1943 at age 14 and, on 4 March 1943, was called to
active duty.
completed 8 years of education.
On 14 September 1943, Petitioner submitted a statement to the
effect that he had enlisted in the Naval Reserve as his brother,
Armand Julian Lamoureux, because he was only 14 years old and
wanted to serve.
Further he stated that he falsified his
mother's parental consent form because he was enlisting underage.
Based on this statement, his records were corrected to reflect
his correct name and date of birth.
d.
A special order
On 25 October 1943, after the refusal of his parents to
provide their parental consent for Petitioner to remain on active
duty, the discharge authority directed a special order discharge
by reason of unsuitability for naval service due to immaturity.
On 8 November 1943, he was so discharged.
discharge is roughly equivalent to today's general discharge.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board now finds the existence of an injustice warranting
corrective action.
The Board concludes that although Petitioner
was discharged correctly based on regulations in effect at that
time, his period of service of over six months was without
incident, and he clearly enlisted with a view to serving his
country in time of war.
special order discharge no longer serves any useful purpose and,
as a matter of clemency, should be changed to an honorable
discharge.
form of recharacterization is appropriate.
RECOMMENDATION:
Therefore, the Board concludes that relief in the
Accordingly, the Board believes that the
a.
That Petitioner's naval record be corrected by changing
the record to show that he was issued an honorable discharge on 8
November 1943 vice the special order discharge actually issued on
that date.
214.
This should include the issuance of a new DD Form
b.
That any material or entries inconsistent with or
relating to the Board's recommendation be corrected, removed or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
C .
That any material directed to be removed from
Petitioner's naval record be returned to the Board, together with
a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's naval record.
4.
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
It is certified that a quorum was present at the Board's
and that the foregoing is a true and
ROBERT D. ZSALMAN
Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a),
behalf of the Secretary of the Navy.
has been approved by the Board on
Executive Director
3
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